Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Dayton-Springfield 8-Hour Ozone Nonattainment Area to Attainment, 45169-45172 [E7-15604]

Download as PDF Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations * * * * * [FR Doc. E7–15587 Filed 8–10–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2006–0956; FRL–8452–3] Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the DaytonSpringfield 8-Hour Ozone Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on November 6, 2006, and supplemented it on November 29, 2006, December 4, 2006, December 13, 2006, January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007, for redesignation of the Dayton-Springfield, Ohio area (Clark, Greene, Miami, and Montgomery Counties) to attainment for the 8-hour ozone standard. On June 20, 2007, EPA proposed to approve this submission. EPA provided a 30-day review and comment period. The comment period closed on July 20, 2007. EPA received one comment in favor of redesignation from the Dayton area Regional Air Pollution Control Agency. Today, EPA is approving Ohio’s request and the associated plan for continuing to attain the standard. As part of this action, EPA is making a determination that the Dayton-Springfield area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2004– 2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Preliminary 2007 air quality data show that the area continues to attain the 8-hour ozone standard. EPA is approving the maintenance plan for this area and is redesignating the area to attainment. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2005 and 2018. DATES: This final rule is effective on August 13, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2006–0956. All VerDate Aug<31>2005 16:17 Aug 10, 2007 Jkt 211001 documents in the docket are listed on the https://www.regulations.gov web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Kathleen D’Agostino, Environmental Engineer, at (312) 886– 1767 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Kathleen D’Agostino, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@epa.gov. SUPPLEMENTARY INFORMATION: In the following, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean the United States Environmental Protection Agency. Table of Contents I. What Is the Background for This Rule? II. What Comments Did We Receive on the Proposed Action? III. What Are Our Final Actions? IV. Statutory and Executive Order Review I. What Is the Background for This Rule? The background for today’s action is discussed in detail in EPA’s June 20, 2007, proposal (72 FR 33937). In that rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 8-hour ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average ozone concentrations is less than or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further information). The data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness, as determined in accordance with Appendix I of part 50. Under the Clean Air Act (CAA), EPA may redesignate nonattainment areas to attainment if sufficient complete, quality-assured data are available to PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 45169 determine that the area has attained the standard and that it meets the other CAA redesignation requirements in section 107(d)(3)(E). The Ohio EPA submitted a request on November 6, 2006 and supplemented it on November 29, 2006, December 4, 2006, December 13, 2006, January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007, for redesignation of the Dayton-Springfield area (Clark, Greene, Miami, and Montgomery Counties) to attainment for the 8-hour ozone standard. The request included three years of complete, quality-assured data for the period of 2004 through 2006, indicating the 8-hour NAAQS for ozone had been achieved. The June 20, 2007 proposed rule provides a detailed discussion of how Ohio met this and other CAA requirements. On December 22, 2006, the U.S. Court of Appeals for the District of Columbia Circuit vacated EPA’s Phase 1 Implementation Rule for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 8, 2007, in South Coast Air Quality Management Dist. v. EPA, Docket No. 04–1201, in response to several petitions for rehearing, the DC Circuit clarified that the Phase 1 Rule was vacated only with regard to those parts of the rule that had been successfully challenged. Therefore, the Phase 1 Rule provisions related to classifications for areas currently classified under subpart 2 of Title I, part D of the CAA as 8-hour nonattainment areas, the 8-hour attainment dates, and the timing for emissions reductions needed for attainment of the 8-hour ozone NAAQS, remain effective. The June 8 decision left intact the Court’s rejection of EPA’s reasons for implementing the 8-hour standard in certain nonattainment areas under subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let stand EPA’s revocation of the 1-hour standard and those anti-backsliding provisions of the Phase 1 Rule that had not been successfully challenged. The June 8 decision reaffirmed the December 22, 2006, decision that EPA had improperly failed to retain four measures required for 1-hour nonattainment areas under the anti-backsliding provisions of the regulations: (1) Nonattainment area New Source Review (NSR) requirements based on an area’s 1-hour nonattainment classification; (2) Section 185 penalty fees for 1-hour severe or extreme nonattainment areas; (3) measures to be implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, contingent on an area not making reasonable further progress toward E:\FR\FM\13AUR1.SGM 13AUR1 45170 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations attainment of the 1-hour NAAQS, or for failure to attain that NAAQS; and (4) certain transportation conformity requirements for certain types of federal actions. The June 8 decision clarified that the Court’s reference to conformity requirements was limited to requiring the continued use of 1-hour motor vehicle emissions budgets until 8-hour budgets were available for 8-hour conformity determinations. For the reasons set forth in the proposal, EPA does not believe that the Court’s rulings alter any requirements relevant to this redesignation action so as to preclude redesignation, and do not prevent EPA from finalizing this redesignation. EPA believes that the Court’s December 22, 2006, and June 8, 2007, decisions impose no impediment to moving forward with redesignation of this area to attainment, because even in light of the Court’s decisions, redesignation is appropriate under the relevant redesignation provisions of the CAA and longstanding policies regarding redesignation requests. With respect to the requirement for transportation conformity under the 1hour standard, the Court in its June 8 decision clarified that for those areas with 1-hour motor vehicle emissions budgets in their maintenance plans, anti-backsliding requires only that those 1-hour budgets must be used for 8-hour conformity determinations until replaced by 8-hour budgets. To meet this requirement, conformity determinations in such areas must comply with the applicable requirements of EPA’s conformity regulations at 40 CFR part 93. jlentini on PROD1PC65 with RULES II. What Comments Did We Receive on the Proposed Action? EPA provided a 30-day review and comment period. The comment period closed on July 20, 2007. We received one comment in favor of redesignation from the Dayton area Regional Air Pollution Control Agency. III. What Are Our Final Actions? EPA is taking several related actions for the Dayton-Springfield area. First, EPA is making a determination that the Dayton-Springfield area has attained the 8-hour ozone standard. EPA is also approving the State’s request to change the legal designation of the DaytonSpringfield area from nonattainment to attainment of the 8-hour ozone NAAQS. Further, EPA is approving Ohio’s maintenance plan SIP revision for the Dayton-Springfield area (such approval being one of the CAA criteria for redesignation to attainment status). Finally, for the Dayton Springfield area, EPA is approving 2005 MVEBs of 29.19 VerDate Aug<31>2005 16:17 Aug 10, 2007 Jkt 211001 tpd of Volatile Organic Compounds (VOC) and 63.88 tpd of Oxides of Nitrogen (NOX) and 2018 MVEBs of 14.73 tpd of VOCs and 21.42 tpd of NOX. In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ‘‘grants or recognizes an exemption or relieves a restriction,’’ and section 553(d)(3) which allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ The purpose of the 30-day waiting period prescribed in 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today’s rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today’s rule relieves the State of planning requirements for these 8-hour ozone nonattainment areas. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. IV. Statutory and Executive Order Review Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and, therefore, is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant energy action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Regulatory Flexibility Act This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Redesignation of an area to attainment under section 107(d)(3)(E) of the Clean Air Act does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on sources. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13132: Federalism This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Redesignation is an action that merely affects the status of a geographical area, and does not impose any new requirements on sources, or allows a state to avoid adopting or implementing additional requirements, and does not alter the relationship or distribution of power and responsibilities established in the Clean Air Act. E:\FR\FM\13AUR1.SGM 13AUR1 45171 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer Advancement Act In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Redesignation is an action that affects the status of a geographical area but does not impose any new requirements on sources. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under Section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 12, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review, nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to force its requirements. (See Section 307(b)(2).) List of Subjects 40 CFR Part 52 PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart 1885—Ohio 2. Section 52.1885 is amended by adding paragraph (ff)(7) to read as follows: I § 52.1885 Control strategy: Ozone. * * * * * (ff) * * * (7) The Dayton-Springfield area which includes Clark, Greene, Miami, and Montgomery Counties, as submitted on November 6, 2006, and supplemented on November 29, 2006, December 4, 2006, December 13, 2006, January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The maintenance plan for this area establishes Motor Vehicle Emissions Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs and 21.42 tpd of NOX. PART 81—[AMENDED] Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile organic compounds. 3. The authority citation for part 81 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. 40 CFR Part 81 4. Section 81.336 is amended by revising the entry for DaytonSpringfield, Ohio area: Clark, Greene, Miami, and Montgomery Counties in the table entitled ‘‘Ohio—Ozone (8-Hour Standard)’’ to read as follows: I Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: August 1, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. § 81.336 Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows: I Ohio. OHIO—OZONE (8-HOUR STANDARD) Designation a Classification Designated area Date 1 * * * Dayton-Springfield, OH: Clark County ............................................................ Greene County. Miami County. Montgomery County. jlentini on PROD1PC65 with RULES * * Type * * * * * * Attainment. * a Includes 1 This Indian Country located in each county or area, except as otherwise specified. date is June 15, 2004, unless otherwise noted. VerDate Aug<31>2005 16:17 Aug 10, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4700 Type * August 13, 2007 * Date 1 Sfmt 4700 E:\FR\FM\13AUR1.SGM 13AUR1 45172 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations [FR Doc. E7–15604 Filed 8–10–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 575 Table of Contents [Docket No. NHTSA–2006–25772] New Car Assessment Program (NCAP); Safety Labeling National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule; technical amendments; response to petitions for reconsideration. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: A provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users requires new passenger vehicles to be labeled with safety rating information published by the National Highway Traffic Safety Administration under its New Car Assessment Program. NHTSA was required to issue regulations to ensure that the labeling requirements ‘‘are implemented by September 1, 2007.’’ In September 2006, we published a final rule to fulfill that mandate. We received petitions for reconsideration of the final rule. Today’s document responds to those petitions and makes technical amendments clarifying certain details of the presentation of the information on the labels. DATES: Effective Date: This final rule is effective October 12, 2007. Compliance Date: This final rule applies to covered vehicles manufactured on or after September 1, 2007. Optional early compliance by vehicle manufacturers is permitted before that date. Petitions for reconsideration: Petitions for reconsideration of this final rule must be received not later than September 27, 2007. ADDRESSES: Petitions for reconsideration of the final rule must refer to the docket number set forth above and be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. In addition, a copy of the petition should be submitted to: Docket Management, Room W12– 140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: For technical issues regarding the information in this document, please VerDate Aug<31>2005 16:17 Aug 10, 2007 contact Mr. Nathaniel Beuse at (202) 366–1740. For legal issues, please contact Ms. Dorothy Nakama (202) 366– 2992. Both of these individuals may be reached by mail at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Jkt 211001 I. Overview of SAFETEA–LU Labeling Provisions and September 2006 Final Rule II. Petitions for Reconsideration and NHTSA’s Response A. Definition of ‘‘Automobile’’ B. Requirements for Altered Vehicles III. Technical Adjustments to the Regulatory Text Related to the Labels A. Large Safety Label Shown in Figure 1 B. Small Safety Label Shown in Figure 2 IV. Rulemaking Notices and Analyses Regulatory Text I. Overview of SAFETEA–LU Labeling Provisions and September 2006 Final Rule Section 10307 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) 1 requires that each new passenger automobile that has been rated under the NHTSA’s New Car Assessment Program (NCAP) must have those ratings displayed on a label on its new vehicle price sticker, known as the Monroney label.2 SAFETEA–LU specifies detailed requirements for the label, including its content, size, location, and applicability, leaving the agency only limited discretion regarding the label.3 It also required NHTSA (by 1 P.L. 109–59 (August 10, 2005); 119 Stat. 1144. Monroney label is required by the Automobile Information Disclosure Act (AIDA) Title 15, United States Code, Chapter 28, Sections 1231–1233. SAFETEA–LU amended AIDA to require that NCAP ratings be placed on each vehicle required to have a Monroney label. 3 ‘‘(g) if one or more safety ratings for such automobile have been assigned and formally published or released by the National Highway Traffic Safety Administration under the New Car Assessment Program, information about safety ratings that— ‘‘(1) includes a graphic depiction of the number of stars, or other applicable rating, that corresponds to each such assigned safety rating displayed in a clearly differentiated fashion indicating the maximum possible safety rating; ‘‘(2) refers to frontal impact crash tests, side impact crash tests, and rollover resistance tests (whether or not such automobile has been assigned a safety rating for such tests); ‘‘(3) contains information describing the nature and meaning of the crash test data presented and a reference to additional vehicle safety resources, including https://www.safecar.gov; and ‘‘(4) is presented in a legible, visible, and prominent fashion and covers at least— ‘‘(A) 8 percent of the total area of the label; or ‘‘(B) an area with a minimum length of 41⁄2 inches and a minimum height of 31⁄2 inches; and 2 The PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 delegation of authority from the Department of Transportation) to issue regulations to ensure that the new labeling requirements are implemented by September 1, 2007. As required by SAFETEA-LU, on September 12, 2006 (71 FR 53572) (DOT Docket No. NHTSA–2006–25772) we published a final rule that provides that: (1) New passenger automobiles manufactured on or after September 1, 2007 must display specified NCAP information on a safety rating label that is part of their Monroney label; (2) The specified information must include a graphical depiction of the number of stars achieved by a vehicle for each safety test; (3) Information describing the nature and meaning of the test data, and references to www.safercar.gov and NHTSA’s toll-free hotline number for additional vehicle safety information, must be placed on the label; (4) The label must be legible with a minimum length of 41⁄2 inches and a minimum width of 31⁄2 inches or 8 percent of the Monroney label, whichever is larger; (5) Ratings must be placed on new vehicles manufactured 30 or more days after the manufacturer receives notification from NHTSA of NCAP ratings for those vehicles. In its discretion, the agency decided to require that the label indicate the existence of safety concerns identified during NCAP testing, but not reflected in the resulting NCAP ratings. We required that the agency’s toll-free hotline number appear on the label and adopted specifications for such matters as the wording, arrangement of some of the messages and the size of the font. II. Petitions for Reconsideration and NHTSA’s Response In response to the September 12, 2006 final rule, we received a petition for reconsideration from the Recreation Vehicle Industry Association (RVIA), asking us to reconsider the inclusion of ‘‘recreational vehicle’’ in the definition of ‘‘automobile.’’ A joint petition signed by the National Automobile Dealers Association (NADA), the National Truck Equipment Association (NTEA) and the National Mobility Equipment Dealers Association (NMEDA) asked us to reconsider the requirement of an additional label for automobiles that are altered before first sale to the customer. ‘‘(h) if an automobile has not been tested by the National Highway Traffic Safety Administration under the New Car Assessment Program, or safety ratings for such automobile have not been assigned in one or more rating categories, a statement to that effect.’’. E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Rules and Regulations]
[Pages 45169-45172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15604]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0956; FRL-8452-3]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of the Dayton-Springfield 8-Hour Ozone 
Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Ohio Environmental Protection Agency (Ohio EPA) submitted 
a request on November 6, 2006, and supplemented it on November 29, 
2006, December 4, 2006, December 13, 2006, January 11, 2007, March 9, 
2007, March 27, 2007, and May 31, 2007, for redesignation of the 
Dayton-Springfield, Ohio area (Clark, Greene, Miami, and Montgomery 
Counties) to attainment for the 8-hour ozone standard. On June 20, 
2007, EPA proposed to approve this submission. EPA provided a 30-day 
review and comment period. The comment period closed on July 20, 2007. 
EPA received one comment in favor of redesignation from the Dayton area 
Regional Air Pollution Control Agency. Today, EPA is approving Ohio's 
request and the associated plan for continuing to attain the standard. 
As part of this action, EPA is making a determination that the Dayton-
Springfield area has attained the 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). This determination is based on three years of 
complete, quality-assured ambient air quality monitoring data for the 
2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS 
has been attained in the area. Preliminary 2007 air quality data show 
that the area continues to attain the 8-hour ozone standard. EPA is 
approving the maintenance plan for this area and is redesignating the 
area to attainment. Finally, EPA is approving, for purposes of 
transportation conformity, the motor vehicle emission budgets (MVEBs) 
for the years 2005 and 2018.

DATES: This final rule is effective on August 13, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0956. All documents in the docket are listed on 
the https://www.regulations.gov web site. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through https://www.regulations.gov or in hard copy at 
the Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This 
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays. We recommend that you telephone Kathleen 
D'Agostino, Environmental Engineer, at (312) 886-1767 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
dagostino.kathleen@epa.gov.

SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,'' 
or ``our'' are used, we mean the United States Environmental Protection 
Agency.

Table of Contents

I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review

I. What Is the Background for This Rule?

    The background for today's action is discussed in detail in EPA's 
June 20, 2007, proposal (72 FR 33937). In that rulemaking, we noted 
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone 
standard is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than 
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further 
information). The data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness, as determined 
in accordance with Appendix I of part 50.
    Under the Clean Air Act (CAA), EPA may redesignate nonattainment 
areas to attainment if sufficient complete, quality-assured data are 
available to determine that the area has attained the standard and that 
it meets the other CAA redesignation requirements in section 
107(d)(3)(E).
    The Ohio EPA submitted a request on November 6, 2006 and 
supplemented it on November 29, 2006, December 4, 2006, December 13, 
2006, January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 
2007, for redesignation of the Dayton-Springfield area (Clark, Greene, 
Miami, and Montgomery Counties) to attainment for the 8-hour ozone 
standard. The request included three years of complete, quality-assured 
data for the period of 2004 through 2006, indicating the 8-hour NAAQS 
for ozone had been achieved. The June 20, 2007 proposed rule provides a 
detailed discussion of how Ohio met this and other CAA requirements.
    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit vacated EPA's Phase 1 Implementation Rule for the 8-
hour Ozone Standard. (69 FR 23951, April 30, 2004). South Coast Air 
Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 
8, 2007, in South Coast Air Quality Management Dist. v. EPA, Docket No. 
04-1201, in response to several petitions for rehearing, the DC Circuit 
clarified that the Phase 1 Rule was vacated only with regard to those 
parts of the rule that had been successfully challenged. Therefore, the 
Phase 1 Rule provisions related to classifications for areas currently 
classified under subpart 2 of Title I, part D of the CAA as 8-hour 
nonattainment areas, the 8-hour attainment dates, and the timing for 
emissions reductions needed for attainment of the 8-hour ozone NAAQS, 
remain effective. The June 8 decision left intact the Court's rejection 
of EPA's reasons for implementing the 8-hour standard in certain 
nonattainment areas under subpart 1 in lieu of subpart 2. By limiting 
the vacatur, the Court let stand EPA's revocation of the 1-hour 
standard and those anti-backsliding provisions of the Phase 1 Rule that 
had not been successfully challenged. The June 8 decision reaffirmed 
the December 22, 2006, decision that EPA had improperly failed to 
retain four measures required for 1-hour nonattainment areas under the 
anti-backsliding provisions of the regulations: (1) Nonattainment area 
New Source Review (NSR) requirements based on an area's 1-hour 
nonattainment classification; (2) Section 185 penalty fees for 1-hour 
severe or extreme nonattainment areas; (3) measures to be implemented 
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, contingent on an 
area not making reasonable further progress toward

[[Page 45170]]

attainment of the 1-hour NAAQS, or for failure to attain that NAAQS; 
and (4) certain transportation conformity requirements for certain 
types of federal actions. The June 8 decision clarified that the 
Court's reference to conformity requirements was limited to requiring 
the continued use of 1-hour motor vehicle emissions budgets until 8-
hour budgets were available for 8-hour conformity determinations.
    For the reasons set forth in the proposal, EPA does not believe 
that the Court's rulings alter any requirements relevant to this 
redesignation action so as to preclude redesignation, and do not 
prevent EPA from finalizing this redesignation. EPA believes that the 
Court's December 22, 2006, and June 8, 2007, decisions impose no 
impediment to moving forward with redesignation of this area to 
attainment, because even in light of the Court's decisions, 
redesignation is appropriate under the relevant redesignation 
provisions of the CAA and longstanding policies regarding redesignation 
requests.
    With respect to the requirement for transportation conformity under 
the 1-hour standard, the Court in its June 8 decision clarified that 
for those areas with 1-hour motor vehicle emissions budgets in their 
maintenance plans, anti-backsliding requires only that those 1-hour 
budgets must be used for 8-hour conformity determinations until 
replaced by 8-hour budgets. To meet this requirement, conformity 
determinations in such areas must comply with the applicable 
requirements of EPA's conformity regulations at 40 CFR part 93.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period. The comment period 
closed on July 20, 2007. We received one comment in favor of 
redesignation from the Dayton area Regional Air Pollution Control 
Agency.

III. What Are Our Final Actions?

    EPA is taking several related actions for the Dayton-Springfield 
area. First, EPA is making a determination that the Dayton-Springfield 
area has attained the 8-hour ozone standard. EPA is also approving the 
State's request to change the legal designation of the Dayton-
Springfield area from nonattainment to attainment of the 8-hour ozone 
NAAQS. Further, EPA is approving Ohio's maintenance plan SIP revision 
for the Dayton-Springfield area (such approval being one of the CAA 
criteria for redesignation to attainment status). Finally, for the 
Dayton Springfield area, EPA is approving 2005 MVEBs of 29.19 tpd of 
Volatile Organic Compounds (VOC) and 63.88 tpd of Oxides of Nitrogen 
(NOX) and 2018 MVEBs of 14.73 tpd of VOCs and 21.42 tpd of 
NOX.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for these actions to become effective immediately upon 
publication. This is because a delayed effective date is unnecessary 
due to the nature of a redesignation to attainment, which relieves the 
area from certain CAA requirements that would otherwise apply to it. 
The immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule ``grants or 
recognizes an exemption or relieves a restriction,'' and section 
553(d)(3) which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The purpose of the 30-day waiting period 
prescribed in 553(d) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
Today's rule, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. Rather, today's rule relieves the State of planning 
requirements for these 8-hour ozone nonattainment areas. For these 
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these 
actions to become effective on the date of publication of these 
actions.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(E) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Redesignation is an action that merely affects the status of 
a geographical area, and does not impose any new requirements on 
sources, or allows a state to avoid adopting or implementing additional 
requirements, and does not alter the relationship or distribution of 
power and responsibilities established in the Clean Air Act.

[[Page 45171]]

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Redesignation is an 
action that affects the status of a geographical area but does not 
impose any new requirements on sources. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 12, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review, nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to force its requirements. (See Section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 1, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart 1885--Ohio

0
2. Section 52.1885 is amended by adding paragraph (ff)(7) to read as 
follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) * * *
    (7) The Dayton-Springfield area which includes Clark, Greene, 
Miami, and Montgomery Counties, as submitted on November 6, 2006, and 
supplemented on November 29, 2006, December 4, 2006, December 13, 2006, 
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The 
maintenance plan for this area establishes Motor Vehicle Emissions 
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC 
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs 
and 21.42 tpd of NOX.

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
4. Section 81.336 is amended by revising the entry for Dayton-
Springfield, Ohio area: Clark, Greene, Miami, and Montgomery Counties 
in the table entitled ``Ohio--Ozone (8-Hour Standard)'' to read as 
follows:


Sec.  81.336  Ohio.

                                                              Ohio--Ozone (8-Hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Designation \a\                                             Classification
         Designated area         -----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                        Type                        Date \1\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Dayton-Springfield, OH:
    Clark County................  August 13, 2007               Attainment.
    Greene County...............
    Miami County................
    Montgomery County...........
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 45172]]

 [FR Doc. E7-15604 Filed 8-10-07; 8:45 am]
BILLING CODE 6560-50-P
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